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(영문) 부산지방법원 동부지원 2016.07.13 2016고단105
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 19, 2014, the Defendant was sentenced to imprisonment with prison labor for two years at the Seoul Eastern District Court for fraud, and the said judgment became final and conclusive on April 9, 2015.

1. On July 19, 2012, the Defendant, at the F Office, located in Gangdong-gu Seoul Metropolitan Government, would allow the victim D to operate a restaurant with the right to operate the restaurant at the site of the construction of the Sejong Happiness apartment in the area of the construction of the construction of the 1-1 living zone Mable apartment in the 1-1 zone of Sejong Happiness-1, which is constructed by the relevant comprehensive construction company, and the agreed amount of KRW 80,000,000 at the above construction site.

“A false statement” was made.

However, in fact, even though the defendant was unable to secure the right to operate the restaurant and it was not clear whether to secure the right to operate the restaurant, it was false that the defendant used the defrauded money to pay his/her own debt, and that he/she had already secured the right to operate the restaurant as if he/she had already secured it.

The Defendant, as such, by deceiving the victim, obtained the delivery of the sum of KRW 40 million around July 19, 2012, and KRW 40 million around July 27, 2012 from the national bank account in the name of G (H) that is one’s friendship, in consideration of the transfer of the right to operate the restaurant, from the damaged person, and acquired the said sum of KRW 80 million.

2. Around August 23, 2012, the Defendant involved in the restaurant construction will secure the victim D’s right to operate the restaurant at the F office located in Gangdong-gu Seoul Metropolitan Government, Gangdong-gu, to secure the right to operate the restaurant at the site of the construction site near the construction site of the Lee Jong-gu Construction site.

“A false statement” was made.

However, in fact, since the construction site of the above branch did not have a plan to operate the restaurant, it was false that the defendant would have used the defrauded money to repay his/her obligation despite that it was a situation in which the defendant could not transfer his/her operating right, and that it could have secured and transferred the right to operate the restaurant.

The Defendant is the victim.

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